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HomeMy WebLinkAbout890089IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMING ,::,~i~,.!:ii: :.: ,:i' -. V,~o r ..: MICHAEL KIBBIE; Id:I-LINE EQUIPMENT COMPANY, A Utah Partnership; and C.W. "BILL" JEPSON and GAYLA JEnsoN, husband and wife, Plaintiffs, VS., PEARLE BEAUDOIN aka PEARLE TAYLOR aka LARENE TAYLOR SIMS; ALPINE RETREAT, INC.; REEB FAMILY TRUST; and HAROLD W. ELLIOTT, Trustee, Defendants. Civil Action No. 9057 890089 BOOK ~Jz_PR PAGE. RECEIVED LINCOLN OOUNTY CL£ 03'~Y21 A?, 9: BOOK ]____PR PAG E~9_~.~.x?~''' JUDGMENT AND PERMANENT INJUNCTION This matter having been submitted to the Court on Plaintiff's Motion For Summary Judgment together with Plaintiff's Brief In Support Of Summary Judgment and the Court hay,lng heard oral argument on the motion on Januarv 20, 1994, and the Court having duly considered the Motion For Summary Iudgment and rendered an Order Granting Plaintiffs' Motion For Summary Judgment dated January 27, 1994. THE COURT FINDS AS FOLLOWS: 1. Plaintiffs filed a Motion For Summary Judgment on or about October 26, 1993. That summary judgment motion was twofold, namely; quiet title action of a recorded easement in favor of plaintiffs Michael Kibble and Hi-Line Equipment Company, a Utah partnership; and establishment and quiet title of an easement by implication in favor of Plaintiffs C. W. "Bill" Jepson and Gayla Jepson. Defendant Pearle Beaudoin timely responded to Plaintiff's summary judgment motion on behalf of herself and the Reeb Family Trust. Defendant Harold W. Elliott, Trustee did not respond. Default was previously taken against Alpine Retreat, Inc., who had failed to file an answer or respond to the summary judgment motion. 2. Plaintiff Hi-Line Equipment Company was previously involved in litigation with defendants Alpine Retreat, Inc. and Pearle Beaudoin in Civil Action 1 No 4913 in this same District Court. An eleven page Judgment Upon Findings Of Fact And Conclusions Of Law was entered on May 12, 1976 in favor !of Plaintiffs WILLIAM H. KIBBIE, ELIZABETH E. KIBBIE, HI-LINE EQUIPMENT cOMPANY, a Partnership, and WESTERN INDUSTRIES, INC., a Nevada corporation, and defendants ALPINE RETREAT, INC., a Wyoming corporation, and ~THE LAST KNOWN OFFICERS OF SAID CORPOIL4TION BEING PEARLE L. BEAUDOIN and RAYMOND L. BEAUDOIN; ROBERT A. FOWLER ASSOCIATED ARCHITECTS, INC., a Utah Corporation; AAA ENGINEERING AND DRAFTING, INC., a Utah Corporation, and THE LAST KNOWN OFFICERS AND DIRECTORS AND ALL STOCKHOLDERS OR CREDITORS OF SAID CORPORATION; and ALL OTHER PERSONS UNKNOWN, AS WELL AS THE UNKNOWN HEIRS AT LAW, DEVISEES, LEGATEES AND CREDITORS OF EACH OF THE FOREGOING PARTIES WHO CLAIM ANY ESTATE OR INTEREST IN OR LIEN UPON THE REAL PROPERTY AND PREMISES WHICH ARE THE SUBJECT MATTER OF THIS ACTION, were ordered not to interfere with plaintiffs' property rights. 3. That Civil ActiOn 4913 continued on for a number of years primarily at the action of defendants. In 1982 the judgment was revived, wherein there was an execution and sheriff's sale for lands and an a~'ce~ easement, in which Hi Line Equipment Company received various lands as well as an access and egress easement from the Lincoln County Road No. 104 along the 'Kibbie Parkway" to the lands owned by Hi Line Equipment Company. 4. The Court has taken judicial notice of Civil Action No. 4913, which is now res judicata. 5. Plaintiffs C. W. "Bill*' Jepson and Gayla Jepson purchased a 140 acre tract in 1991, which tract was formerly owned by Defendant Alpine Retreat, Inc. At the time the Jepson purchased, the 140 acre tract did not have legal access. 6. Alpine Retreat, Inc. conveyed the Jepson tract to Robert A. Fowler Associated Architects, Inc. in 1973, and in so doing Alpine Retreat, Inc. landlocked that 140 acre tract of land in that there was no access to a public rOad. 7. Prior to the severance of the Jepson tract from the rest of the Alpine Retreat, Inc. lands, the access had been along the existing road commonly referred to as the 'Kibbie Parkway" which crossed the land of Alpine Retreat, Inc. 8. At the time the Jepson tract was landlocked, the access to the jepson tract extended from County Road No. 104 along the 'Kibbie Parkway" over Alpine 2 I46 Retreat, Inc. land, which was subsequently conveyed to. Defendant Harold W. Elliott, Trustee. 9. Plaintiffs have met all of the elements to establish an easement by implication, namely: a) The relevant parcels of land were once in unitary oWnership of Alpine Retreat, Inc.; b) The Elliott tract was subordinated to the Jepson tract as pertains to the Kibbie Parkway access to the Jepson tract; c) The Kibbie Parkway access was plainly and physically apparent at the time the Jepson tract was landlocked by the Alpine Retreat, Inc. conveyance; and d) The access effects the value of the Jepson tract and the access along the Kibbie Parkway is necessary to the reasonable use of the Jepson tract. NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: A. All matters contained in Lincoln County, Wyoming Civil Action No. 4913 are res judi. cata. B. Pursuant to that Judgment rendered in Civil Action No. 4913 and the resulting Sheriff's sale, Hi Line Equipment Company, a Utah partnershiP, its heirs, successors, and assigns was deeded easements described as: A portion of Section 9, T36N, R119W, 6th P.M., Lincoln County, Wyoming described as follows: A right of way access to both banks or sides of the Salt River; said: access and right-of-way extending Southwesterly along a line parallel to the meander line of said river 1620+ feet from point of beginning to a point in fence running East and west 'along the Northern boundary of Section 16, T36N, R119W, 6th Principal Meridian; and extending East 50 feet and west 50 feet from said meander line of both banks of the Salt River. and That right-of-way known as the Lower Valley Power and Light Right-of-way and that 60 foot easement from said right-of-way to the Idaho State Lfne for that proposed road platted by AAA Engineers. : 3 147 C. The easements described in that Corrective Sheriff's Deed dated and filed on the August 18, 1982 in Book 190 PR, page 569 as Instrument No. 582879, in the Office of the Lincoln County Clerk in Kemmerer, Wyoming are deemed to be appurtenant to the lands of Hi Line Equipment Company, their heirs, successors, and assigns. D. The tract of land presently owned by Plaintiffs C. W. "Bill" :Jepson and Gayla Jepson is deemed to have a non-exclusive easement by implication to it from County Road No. 104 across the land formerly owned by Harold W. Elliott, Trustee, along the Kibble Parkway. Said easement shall encompass that skme access easement to Hi Line Equipment Company as described above. This easement shall be appurtenant to the land of C. W. "Bill" Jepson and Gayla Jepson, itheir heirs, successors, and assigns. E. Plaintiffs shall, at their own expense, prepare legal descriptiOns for the easements contained within this Judgment which legal descriptions shall be prepared by a surveyor licensed in the State of Wyoming. The recording iof the legal descriptions for the easements described herein shall be attached to a ceftified copy of this Judgment all of which shall be recorded in the Office of the LincOln County Clerk in Kemmerer, Wyoming within 120 days of this Judgment. F. The Defendants herein, their employees, agents, officers, directors, beneficiaries, and trustees, and all persons claiming under or through them are permanently enjoined and forever barred, precluded and restrained under Penalty ' of contempt of court from claiming or asserting any estate, right, title or: interest in the lands and right of ways of Plaintiffs, which shall include but not b~ limited to blocking, hindering, or impeding the easements in any way whatsoever. APPROVAL AS TO FORM: Frank Hess Attorney for plaintiffs DATED this day of ~, 1994. 4 Pearle Beaudoin individually and as trustee of the Reeb Family trust STATE OF WYOMING ~ "~-'' COUNTY OF LINCOLNJ i SS. I, Kenneth D. Robe,s, Clerk of the Third Judicial DiStrict Co~resaid county and, in ~ate ot tores~id, do hereby ceAi'~he ~reg~g to ~a full, !48 Robert C. Morton Harris, Morton & Cowan, P. C. Attorney for Harold W. Elliott, Trustee 5